2. www.otstcfq.org
Application of Bill 21 (An Act to amend the
Professional Code and other legislative provisions
in the field of mental health and human relations)
Richard Silver, S.W., lawyer
Legal Counsel
Ordre des travailleurs sociaux et des thérapeutes conjugaux
et familiaux du Québec
July 2012

3. www.otstcfq.org
Bill 21 (assented to 19 June 2009)
• New definition of professional activities for
psychologists, social workers, marriage and family
therapists, vocational guidance counsellors and
psychoeducators;
• Reserves activities where there is a risk of prejudice
in the field of mental health and human relations to
certain professional orders;
• Provides a framework for the practice of
psychotherapy (in force since 21 June 2012).

4. www.otstcfq.org
There is a risk of prejudice when activities:
• Have an irreparable character;
• Are complex;
• Are highly technical;
• Can sometimes be counter-indicated;
• Can cause complications;
• Can cause or accentuate infringement of physical or
personal integrity
• Have the potential for physical, emotional or sexual
abuse;
• Can entail loss of a right;

5. www.otstcfq.org
Activities reserved to social workers
Assess a person suffering from a mental or neuropsychological
disorder attested by the diagnosis or evaluation of an authorized
professional;
Assess a person further to a decision of the director of youth
protection or of a tribunal made under the Youth Protection Act;
Assess an adolescent further to a decision of a tribunal made
under theYouth Criminal Justice Act;
Assess a person with regard to child custody and access rights;
Assess a person who wishes to adopt a child;

6. www.otstcfq.org
Activities reserved to social workers
Undertake the psychosocial assessment of a person with regard to the
protective supervision of a person of full age or with regard to a mandate given
in anticipation of the mandator’s incapacity (reserved exclusively to social
workers);
Determine the intervention plan for a person who suffers from a mental disorder
or exhibits suicidal tendencies and who resides in a facility run by an institution
operating a rehabilitation centre for young persons with adjustment problems;
Assess a child not yet admissible to preschool education who shows signs of
developmental delay, in order to determine the adjustment and rehabilitation
services required;
Make decisions as to the use of restraint and isolation measures in accordance
with the Act respecting health services and social services and the Act
respecting health services and social services for Cree Native persons.

7. www.otstcfq.org
Activities reserved to marriage and family
therapists
• Assess a person suffering from a mental or neuropsychological
disorder attested by the diagnosis or evaluation of an authorized
professional;
• Assess a person with regard to child custody and access rights;
• Assess a person who wishes to adopt a child;

8. www.otstcfq.org
Explanatory Guide (May 2012)
Published by Office des professions in collaboration
with professional orders and after consultation with
other stakeholders;
Aims to establish a a common understanding and
interpretation of the law;
Subject to revision.

9. www.otstcfq.org
Impact of introduction of reserved
professional activities
• Persons who exercise one or more reserved
activities and who are eligible for membership
of the Order must apply for membership
before the coming into force of legislative
provisions.

10. www.otstcfq.org
Acquired Rights (s. 18)
Anyone who, at the date of coming into force of a provision of section
5 of this Act, fails to fulfil the conditions for obtaining the permit of an
order referred to in the provision for the activities reserved for its
members and who was exercising the professional activity referred
to in the provision at the date of its coming into force may
continue to exercise the activity as long as the order concerned is
informed in the manner determined by its board of directors.
The board of directors of an order referred to in the first paragraph
may determine by regulation the terms and conditions on which such
a person may exercise the activity; the regulation may also
determine which of the regulatory standards applicable to the
members of the order apply to that person.

11. www.otstcfq.org
Who benefits from acquired rights?
• Persons not eligible for membership in the Order;
• Persons exercising the activity at the date the
relevant sections come into force;
• Persons who could have exercised the activity but
were on leave in accordance with terms of
employment (e.g. parental leave, illness or unpaid
leave).

12. www.otstcfq.org
Acquired Rights: Procedures
• Employer submits electronically list of eligible persons to Order within
30 days of the coming into force of relevant sections of Bill 21 on form
provided by Order;
• Order contacts employees to inform them of conditions and sends
notice or payment ($125 for first year);
• Employees pay registration fee;
• Attestation issued by Order;
• Order creates official register of persons with acquired rights with
activities they practice. Accessible on Web site of Order;
• Registration updated annually;

13. www.otstcfq.org
Acquired Rights: Procedures
Information to submit to Order:
• Name, address, telephone and e-mail;
• Date of birth and sex;
• Address of employer;
• Job title;
• Date of hiring and entry in function;
• Reserved activities exercised at date of entry into force
of relevant provisions of Bill 21.

14. www.otstcfq.org
Acquired rights: Conditions
• At least 6 hours of training for each professional
activity engaged in per 2-year reference period;
• Person chooses among activities established by
Order;
• First reference period starts 1 April 2013.
Source: Regulation respecting the training conditions of persons other
than social workers to engage in professional activities that may be
engaged in by social workers

15. www.otstcfq.org
Social Work Technicians
Social work technicians may assess, within the scope
of the activities of social workers, a person further to
a decision of the director of youth protection to
receive reports regarding children, analyze them
briefly and decide whether they must be evaluated
further pursuant to the Youth Protection Act.
Source: Regulation respecting certain professional activities that may
be engaged in by social work technicians

16. www.otstcfq.org
French language requirements
(Charter of the French language)
35. The professional orders shall not issue permits except to persons whose
knowledge of the official language is appropriate to the practice of their
profession.
A person is deemed to have the appropriate knowledge if
(1) he has received, full time, no less than three years of secondary or post-
secondary instruction provided in French;
(2) he has passed the fourth or fifth year secondary level examinations in
French as the first language;
(3) from and after the school year 1985-86, he obtains a secondary school
certificate in Québec.
In all other cases, a person must obtain a certificate issued by the Office
québécois de la langue française or hold a certificate defined as equivalent by
regulation of the Government.

17. www.otstcfq.org
Regulation to authorize professional orders to make an
exception to the application of section 35 of the Charter
of the French language
•
1. An order is authorized to make an exception to the application of s. 35 of the
Charter in respect of a person who resides or has resided on a reserve, in a
settlement in which a native community lives or on Category I and Category I-N
lands within the meaning of the Act respecting the land regime in the James
Bay and New Québec territories provided that
(1) the person declares under oath to the board of directors of the order that
he resides or has resided on a reserve, in a settlement in which a native
community lives or on Category I and Category I-N lands; and
(2) the person, despite the fact that he does not have knowledge of the
French language appropriate to the practice of his profession, fulfils all the other
terms and conditions for the issue of a permit provided for in the Professional
Code and, where applicable, in the Act constituting the order.

18. www.otstcfq.org
Regulation to authorize professional orders to make an
exception to the application of section 35 of the Charter
of the French language
2. Where a person fulfils the conditions provided for
in section 1, the board of directors of the professional
order shall issue a permit to that person authorizing
him to practise the profession or to use the title, as
the case may be, only on a reserve, in a settlement in
which a native community lives or on Category I and
Category I-N lands.

19. www.otstcfq.org
French language requirements
Person with a social work degree from a Québec university who does
not have knowledge of French appropriate to the practice of the
profession
Person applies for membership of the Order and registers for the French exam
of OQLF;
Person also registers on register of persons with acquired rights;
Notice of success or failure from OQLF constitues proof as to whether person
meets or does not meet admission requirements of Order;
Order delivers social worker permit to successful candidate;
In case of failure, person can only exercise activity granted by acquired rights.

20. www.otstcfq.org
French language requirements
Person with a social work degree from a university outside
Québec who does not have knowledge of French appropriate to
the practice of the profession
37. The professional orders may issue temporary permits valid for not
more than one year to persons from outside Québec who are declared
qualified to practise their profession but whose knowledge of the official
language does not meet the requirements of section 35.
38. The permits envisaged in section 37 may be renewed, only three
times, with the authorization of the Office québécois de la langue
française and if the public interest warrants it. For each renewal, the
persons concerned must sit for examinations held according to the
regulations of the Government.
Charter of the French language

21. www.otstcfq.org
Social Work Students
Social work students registered in university
programmes may exercise reserved activities
required for completion of the programme under the
supervision of a social worker who is a member of
the Order
Source: Regulation respecting certain professional activities that may
be engaged in by persons other than social workers

22. www.otstcfq.org
Question period

23. Thank you
Direction des communications, OTSTCFQ
Juillet 2012